Chapter 16.12 — EXCAVATIONS

Sections: 16.12.010 Work in public right-of-way unlawful without permit--City authority to regulate standards. 16.12.020 Lighting and barricading. 16.12.030 Permit--Required--Application time and contents--Fees. 16.12.032 Deposit--To guarantee removal of materials or equipment required. 16.12.034 Deposit--Surety bond in lieu when--Conditions. 16.12.040 Permit--Application contents for service pipe and repair trenches. 16.12.050 Commencement of work--Notification required. 16.12.060 Openings for purpose of prospecting--Notification required when. 16.12.070 Trench requirements--Driveways to be kept open when. 16.12.080 Water or gas pipes--Depth below grade required. 16.12.090 Pipe and conduit maps--Filing required when. 16.12.100 Completion of work--Notification required. 16.12.110 Liability for performance of work.

• For Public Works Department, see Ch. 2.72 of this code.

authority to regulate standards.

It is unlawful for any person, firm or corporation to lay down pipes or conduits in the public streets or thoroughfares of the City, or to open or tear up any roadway, street or thoroughfare therein for such purpose, except under the direction of the Director of Public Works and in accordance with the provisions of this chapter.

The Director of Public Works is authorized to promulgate regulations for the permit procedures for, and location, size, depth, and pavement rehabilitation of, excavations authorized herein as the director may deem necessary for the public welfare. (Ord. 6207-NS § 1, 1993; Ord. 4363-NS § 1, 1968)

A. Longitudinal excavation--Barriers and light required where. It shall be the duty of every person, firm or corporation making any longitudinal excavation in any public street, sidewalk, alley or other public place, to place and maintain barriers at each end of such excavation and at such places as may be reasonably necessary along the excavation to prevent accidents, and also to place and maintain flashing yellow beacons and such other safety devices as may be required by the City Engineer at each end of such excavation and at distances of not more than fifty feet apart along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled.

B. Transverse excavation barriers and lights required where. It shall be the duty of every person, firm or corporation making any transverse excavation in any public street, sidewalk, alley or other public place, to place and maintain barriers on each side of such excavation along the full length thereof, and at each end thereof, if end barricades are reasonably necessary to prevent accidents, and also to place and maintain flashing yellow beacons and such other safety devices as may be required by the City Engineer at each end of such excavation, and at distances of not more than five feet apart along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled.

C. Obstructions in public places--Lights required. It shall be the duty of every person, firm or corporation placing or maintaining, or causing or permitting to be placed or maintained any obstruction in any street, sidewalk, alley or other public place, to maintain flashing yellow beacons at or upon such obstruction in such manner as to reasonably apprise any person using such street, sidewalk, alley or public place of the existence of such obstruction, and such flashing yellow beacons shall be maintained from sunset each day to sunrise of the next day, until such obstruction is removed.

D. Flashing yellow beacons--Specifications. The flashing yellow beacons referred to in this chapter shall conform to the rules and regulations established in the current issue of the "Manual of Traffic Controls" published by the State of California Department of Transportation. (Ord. 6207-NS §§ 2, 3, 1993; Ord. 4363-NS § 11, 1968)

A. Whenever any person, firm, or corporation desires to excavate in the public streets or thoroughfares for the purpose of placing therein main or lateral pipes or conduits, such person, firm, or corporation shall make application in writing and obtain a permit from the Public Works Department not less than forty-eight hours in advance of said excavation, except in case of accident or emergency, in which case written notice shall be given within twenty-four hours after any such opening; provided, however, that if said notice cannot be given because the Public Works Department is closed, then written notice shall be given within eight hours after the Public Works Department is open for business.

B. The application for the permit shall give the names of the streets in which trenches are to be opened and names of the cross streets between which said trenches are to be made.

C. Permits to excavate in streets paved less than five years before the date of application for a permit shall be granted subject to the following conditions:

1. If a street has been paved less than two years before the date of the application for a permit to excavate
in said street, excavation shall be allowed only upon proof that such excavation is necessary due to an
emergency that demands immediate action to preserve life, health or property.

2. If a street has been paved two years or more but less than five years before the date of the application
for a permit to excavate in said street, excavation shall be allowed only for the reason set forth in subsection
C. 1 above or upon a showing that the adverse impact on the user of the facility for whom the excavation is
performed outweighs the harm to the public that would result from the excavation of the street.

3. Regardless of the age of the pavement, the following reasons for excavating a street are hereby deemed
to be circumstances under which the adverse impact from failure to excavate outweighs the harm to the
public from excavation: to mitigate any interruption of essential utility service; to provide new lateral service
connections; or to perform work that is mandated by City, state or federal legislation.

D. A permit fee will be charged in accordance with the public works master fee schedule, as adopted by resolution of the City Council, for each permit issued hereunder, except, however, that such fee shall not be charged against any entity exempt by law from the payment of such fees. Engineering fees will be as set forth in the public works master fee schedule.

E. Any entity excavating in a street which has been paved less than five years from the date of the permit application shall either resurface the area in the manner and to the extent set forth in the regulations promulgated by the Director of Public Works hereunder or, at the discretion of the Director of Public Works, pay fees in lieu of such resurfacing. Said fees shall be based upon the estimated cost to the City to perform such resurfacing work in accordance with the regulations, and shall be as set forth in the public works master fee schedule. (Ord. 6207-NS § 2, 1993; Ord. 5937-NS § 1, 1989; Ord. 5479-NS § 1, 1982; Ord. 5357-NS § 1, 1981; Ord. 5276-NS § 1, 1980; Ord. 5174-NS § 1, 1979; Ord. 5075-NS § 1, 1978; Ord. 4759-NS § 1, 1975; Ord. 4363-NS § 2, 1968)

required.

As a guaranty to the City that such materials, appliances or other equipment so placed or stored on any street or sidewalk will be cleaned of all dirt, sand and debris of any kind to the satisfaction of the Director of Public Works, and will be removed therefrom immediately upon the completion of such work, or at such time prior thereto when, in the judgment of said Director of Public Works, the public interest or convenience will be best subserved thereby, said person, firm or corporation shall deposit with the Public Works Department the amount set forth in the public works master fee schedule, as adopted by resolution of the City Council. (Ord. 5937-NS § 1, 1989; Ord. 5357-NS § 2 (part), 1981)

In lieu of the deposit required by this chapter, a surety bond in the amount as set forth in the public works master fee schedule, as adopted by resolution of the City Council may be filed with the Public Works Department, conditioned as a guaranty to the City that all costs for which any person, firm or corporation shall be liable, as in this chapter provided, will be paid upon demand therefor by the Director of Public Works. Any such bond may be conditioned as a continuing bond and not be limited to any particular location in the City. Said bond shall be approved as to form by the City Attorney. (Ord. 5937-NS § 1, 1989; Ord. 5357-NS § 2 (part), 1981)

trenches.

A. In the application for a permit to open trenches in streets for service pipes and repairs, the location shall be described by giving the name of the street and the number of the building opposite each opening, or between two opposite given numbers, and in case there are no numbers, by giving the distance from such openings to the property line at the nearest street crossing.

B. A plat in duplicate shall be filed showing the location of such proposed excavation and the dimensions thereof, and such other details as the Director of Public Works may require to be shown upon such plat; provided, that the filing of plats shall not be required when excavations are made for service connections, or for the location of trouble in conduits or pipes or for making repairs thereto. (Ord. 4363-NS § 4, 1968)

Notification that work has commenced, in the case of all main or service trenches, shall be given to the Public Works Department on the day that work is begun. (Ord. 4363-NS § 5, 1968)

when.

Notification of the correct location of any opening made for the purpose of what is termed prospecting shall be given the Public Works Department at all times, except when such opening becomes a part of the main trench, within twenty-four hours after opening. (Ord. 4363-NS § 3, 1968)

No trench shall be opened in any graded street or thoroughfare for the purpose of laying pipes or conduits more than six hundred feet in advance of pipe or conduit placed therein, except in cases of emergency or by consent of the Director of Public Works. All excavated material shall be piled along the trench leaving clear the area of at least one foot on each side thereof. The surface material shall be piled on one side of the trench and the subsoil on the other side of the trench. If a crossing street intersects the excavation, a driveway shall at all times be maintained. Also all private driveways shall be kept opened. (Ord. 4363-NS § 6, 1968)

No pipe carrying water or gas shall be laid less than thirty-six inches beneath the official grades of the mean gutter flow lines except that the Director of Public Works is authorized to permit any such pipe to be laid at a depth of less than thirty-six inches where it is reasonably warranted by unusual physical conditions, the presence of other underground installations, or other similar conditions. (Ord. 4363-NS § 9, 1968)

Every public service corporation maintaining pipes or conduits in the streets of the City shall file with the Public Works Department annually a map indicating the size and location of each pipe or conduit owned and maintained by such public service corporation in the streets of the City; provided, however, that after said public service corporation has in the first instance filed such map it may thereafter, in lieu of filing a new map each year, revise the map on file so as to show changes and extensions.

Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street, alley or other public place, or the use thereof, is abandoned, the person, firm or corporation owning, using, controlling or having an interest in the same shall, within thirty days after such abandonment, file in the Public Works Department a map giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provisions of this section shall show in detail the location of all such pipes, conduits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps. (Ord. 4363-NS § 10, 1968)

Upon completion of all work to the satisfaction of the Director of Public Works, notification in writing shall be given to the Public Works Department. (Ord. 4363-NS § 7, 1968)

Any person, firm or corporation performing work pursuant to the provisions of this article shall indemnify and hold harmless the City and its officers and employees from any and all claims, damages or liability arising from or out of the performance of such work. (Ord. 4363-NS § 8, 1968)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 5716-NS § 1 (part), 1986; Ord. 4363-NS § 12, 1968)